San Francisco Technology, Inc. v. The Glad Products Company et al

Filing 328

STIPULATION AND ORDER SEVERING CLAIMS AGAINST THE DIAL CORPORATION re 321 . Signed by Judge Jeremy Fogel on 10/27/10. (dlm, COURT STAFF) (Filed on 11/1/2010)

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San Francisco Technology, Inc. v. The Glad Products Company et al Doc. 328 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Christopher T. Holland [SBN 164053] (cholland@kksrr.com) Tanya I. Wei [SBN 240867] (twei@kksrr.com) Matthew T. Peters [SBN 256739] (mpeters@kksrr.com) KRIEG, KELLER, SLOAN, REILLEY & ROMAN LLP 555 Montgomery Street, 17th Floor San Francisco, CA 94111 Telephone: (415) 249-8330 Facsimile: (415) 249-8333 Attorneys for Defendant THE DIAL CORPORATION UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION SAN FRANCISCO TECHNOLOGY INC., v. Plaintiffs, -----------------STIPULATION AND [PROPOSED] ORDER SEVERING CLAIMS AGAINST THE DIAL CORPORATION Case No. 5:10-cv-00966-JF THE GLAD PRODUCTS COMPANY, BAJER DESIGN & MARKETING INC., BAYER CORPORATION, BRIGHT IMAGE CORPORATION, CHURCH & DWIGHT CO. INC., COLGATE-PALMOLIVE COMPANY, COMBE INCORPORATED, THE DIAL CORPORATION, EXERGEN CORPORATION, GLAXOSMITHKLINE LLC, HI-TECH PHARMACAL CO. INC., JOHNSON PRODUCTS COMPANY INC., MAYBELLINE LLC, MCNEIL-PPC INC., MEDTECH PRODUCTS INC., PLAYTEX PRODUCTS INC., RECKITT BENCKISER INC., ROCHE DIAGNOSTICS CORPORATION, SOFTSHEEN-CARSON LLC, SUN PRODUCTS CORPORATION, SUNSTAR AMERICAS INC. Defendants. STIPULATION AND [PROPOSED] ORDER SEVERING CLAIMS AGAINST THE DIAL CORPORATION Case No. 5:10-CV-00966-JF Dockets.Justia.com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Plaintiff San Francisco Technology Inc. ("Plaintiff") and the undersigned defendant, The Dial Corporation ("Dial"), through their respective counsel, hereby make the following stipulation (the "Stipulation"): WHEREAS, Plaintiff filed its Complaint (Dkt. No. 1) on March 5, 2010 (the "Complaint") alleging that Dial as well as other defendants falsely marked articles in violation of 35 U.S.C. 292; and WHEREAS, on May 7, 2010, Dial previously filed a Motion to Dismiss or, in the Alternative, to Stay, or in the Further Alternative, to Sever (Dkt. No. 159); and WHEREAS, on June 22, 2010, the Court granted Plaintiff's and Dial's stipulation to stay the proceedings and all aspects of the case with respect to Dial, including Dial's previous Motion to Dismiss and/or Sever, and further Ordered that "[t]he responsive pleading of Defendants The Dial Corporation and Johnson Products Company Inc. are hereby due 30 days" following "further order of the Court in accordance with the Federal Circuit's decision in Stauffer" (Dkt. No. 238); WHEREAS, the Court lifted the stay on October 14, 2010 (Dkt. No. 319); and WHEREAS, in its July 19, 2010 Order, the Court found good cause to sever other defendants in these proceedings (Dkt. No. 315); THEREFORE, THE PARTIES HEREBY STIPULATE THAT: Plaintiff's claims against Dial should be severed into a separate case; and As previously stipulated and Ordered, Dial has until November 15, 2010 to move, answer, or otherwise respond to Plaintiff's Complaint, and except for venue and personal jurisdiction, all rights, defenses, and/or arguments of either party remain intact. Respectfully submitted, Dated: October 22, 2010 KRIEG, KELLER, SLOAN, REILLEY & ROMAN LLP By: /s/ Christopher T. Holland Counsel for The Dial Corporation In accordance with General Order No. 45, Section X(B), the above signatory attests that STIPULATION AND [PROPOSED] ORDER SEVERING CLAIMS AGAINST THE DIAL CORPORATION Case No. 5:10-CV-00966-JF 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 concurrence in the filing of this document has been obtained from the signatory below. Dated: October 22, 2010 MOUNT & STOELKER, P.C. By: /s/ Daniel H. Fingerman MOUNT & STOELKER, P.C. 333 West San Carlos Street, Suite 1650 San Jose CA 95110 Telephone: (408) 279-7000 Facsimile: (408) 998-1473 Counsel for Plaintiff San Francisco Technology Inc. PURSUANT TO STIPULATION, IT IS SO ORDERED. The Clerk of the Court shall open a new case number for San Francisco Technology, Inc. v. The Dial Corporation, which case shall be assigned to The Honorable Jeremy Fogel, and shall file a copy of the Complaint in this action and this Order under that new case number once it is assigned. 10/27/10 Dated: ______________ By: THE HON. JEREMY FOGEL United States District Court Judge STIPULATION AND [PROPOSED] ORDER SEVERING CLAIMS AGAINST THE DIAL CORPORATION Case No. 5:10-CV-00966-JF 2

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